Terms & Conditions

Terms & Conditions

Effective Date: October 19, 2025

IMPORTANT NOTICE: THESE TERMS CONTAIN PROVISIONS THAT AFFECT HOW WE HANDLE DISPUTES BETWEEN YOU AND 1-2 SPECIAL. THEY INCLUDE AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. IN ARBITRATION, THERE WILL NOT BE A JUDGE OR JURY TO DECIDE YOUR CASE, AND YOU WILL HAVE LESS OPPORTUNITY TO GATHER EVIDENCE AND APPEAL THAN IN COURT. YOU ARE ALSO WAIVING YOUR RIGHT TO JOIN A CLASS ACTION, WHICH MEANS YOU CANNOT BE PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. FOR MORE DETAILS, PLEASE SECTION 8 (DISPUTE RESOLUTION).       

The following terms and conditions (“Terms”) govern your use of our website available at 12special.com (the “Site”), including any content, functionality, or features made available through the Site. The Site is made available by 1-2 Special Inc. (“1-2 Special” or “we” or “us” or “our”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY, AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. 

IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE THE SITE.

1.              CHANGES TO THE TERMS 

The effective date of these Terms is set forth at the top of this webpage. We do not intend to change these Terms very often but reserve the right to do so. We will notify you of any material change by posting notice on this webpage. Your continued use of the Site after the effective date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site.

2.              PROPRIETARY RIGHTS

The Site, all the content (including, for example, text, copy, audio, video, photographs, graphics, illustrations, other visuals, promotional and marketing materials), code, data, and materials thereon, organization, design, and look and feel of the Site, and the compilation of the foregoing on the Site, including but not limited to any intellectual property and proprietary rights therein (including, for example, trademark rights, copyrights, patent rights, and moral rights) are the property of 1-2 Special or our third-party licensors. Your use of the Site does not grant to you ownership of any content, code, data, or materials you may access on or through the Site.

No permission or license is granted or implied to use the trademarks, logos, service marks and trade names displayed on the Site, or content made available through the Site (collectively, “Trademarks“). Other company, product, and service names and logos used and displayed through the Site may be Trademarks or service marks of their respective owners, which may or may not endorse or be affiliated with or connected to 1-2 Special. 1-2 Special’s Trademarks may not be used without our prior written permission, and the Trademarks of third parties may not be used without the prior written permission of their respective owners.

3.              USER INFORMATION

You acknowledge that we may collect certain data related to your use of the Site. Our use of information related to you, including personal information, is explained in our Privacy Policy.

4.              PROHIBITED USE OF THE SITE

Unless otherwise specifically permitted in these Terms, any commercial or promotional distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited. In addition to other prohibitions as set forth in the Terms, you are prohibited from using (and will not assist others to use) the Site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) in any way that violates any law or regulation; (iv) in any way that infringes, violates, or otherwise misappropriates our intellectual property or proprietary rights, or the rights of third parties including, without limitation, rights of privacy, publicity, or any intellectual property or other proprietary right; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others, or in any way that restricts or inhibits other users from using and enjoying the Site or which may expose us or other users to harm or liability; (vi) to submit false or misleading indications of endorsement, origin, or statements of fact; (vii) to upload or transmit viruses or any other type of malicious or harmful code; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape or train or improve any artificial intelligence or other model or tool; (x) to place embedded links, promotional or advertising materials, or for commercial or sales activities, “spam,” or pyramid schemes of any kind; or (xi) to interfere with or circumvent the security features of the Site, or any related site or service offered via the Site, or the Internet.

You represent and warrant that (a) you will not use the Site or any content on the Site for any unlawful purpose, (b) you are not listed on any U.S. Government list of prohibited or restricted parties, and (c) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.

5.              THIRD-PARTY SITES

The Site may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. We have no control over, and are not responsible for any content, products, or services offered by or found on third party sites or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement, or approval of these sites or the content contained in these sites.                              

6.              DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTY CONCERNING THE AVAILABILITY, PLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.

7.              LIMITATION OF LIABILITY

WE AND OUR AFFILIATES, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES,  AGENTS, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY REFERRED TO AS THE “PROTECTED ENTITIES ”), ARE NOT RESPONSIBLE  FOR ANY INJURY, LOSS, CLAIM, OR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT MAY ARISE FROM OR RELATE TO YOUR USE OR INABILITY TO USE THE SITE, INCLUDING ITS CONTENT, FEATURES, MATERIALS, OR  FUNCTIONS, OR FROM THE INFORMATION YOU PROVIDE THROUGH THE SITE, INCLUDING ANY LOST BUSINESS OR SALES. THIS EXCLUSION APPLIES EVEN IF WE HAVE BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY PROTECTED ENTITY’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500) IN THE AGGREGATE.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO US, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.

8.              DISPUTE RESOLUTION

 

PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT AND YOUR USE OF THE SITE TO BINDING ARBITRATION RATHER THAN PROCEED IN COURT. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAVER. BY ACCEPTING THIS SECTION, YOU AGREE THAT THIS SECTION IS REASONABLY NECESSARY TO PROTECT THE LEGITIMATE BUSINESS INTERESTS OF 1-2 SPECIAL.

Arbitration: Except where prohibited by law, any dispute related to these Terms will be resolved through binding arbitration by a single arbitrator. The arbitration will be administered by JAMS according to its Comprehensive Arbitration Rules and Procedures. Any court with jurisdiction may enforce the arbitrator's decision. This clause does not stop either party from seeking temporary remedies, such as preliminary or injunctive relief, from a court with competent jurisdiction. Both parties agree to keep the arbitration process and the award   confidential, except when       necessary to prepare for the arbitration, to seek temporary court remedies, to                        challenge the award, or as required by law. Each party will cover its own costs and legal fees, but the winning party can claim reasonable attorney’s fees and expenses related to the arbitration, as determined by the arbitrator, ensuring that these costs are proportional to the award. The arbitrator will provide a written explanation of their findings and decision.

YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE TO terms@12special.com WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST VISIT THE SITE.  FOR THE OPT-OUT TO BE EFFECTIVE, IT MUST INCLUDE YOUR NAME AND THE NAME, ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS, AS WELL AS A CLEAR STATEMENT THAT YOU ARE OPTING-OUT OF THE ARBITRATION REQUIREMENT OF THESE TERMS AND CONDITIONS AND THAT YOU DO NOT WISH TO RESOLVE ANY CLAIMS OR DISPUTES WITH 1-2 SPECIAL RELATED TO THE SITE THROUGH ARBITRATION.  ANY OPT-OUT RECEIVED AFTER THE INITIAL THIRTY (30) DAY PERIOD WILL NOT BE VALID.

JURY WAIVER: NOTWITHSTANDING THE ABILITY TO OPT OUT OF THE ARBITRATION REQUIREMENTS PURSUANT TO THIS SECTION, THE PARTIES AGREE THAT, UNLESS PROHIBITED BY APPLICABLE LAW, WHETHER ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT IS IN ARBITRATION OR IN COURT, EACH PARTY WAIVES AND RELINQUISHES ALL RIGHTS TO A JURY TRIAL.

Jurisdiction: If for any reason (including due to your opting out of arbitration, as described above), a dispute arising out of or relating to this Agreement is not able to be submitted to arbitration under this Section, then the parties agree that the state or federal courts located in New York County, New York will have exclusive jurisdiction over any such dispute.

You or 1-2 Special may initiate arbitration in either New York County, New York or the United States county in which you reside.  In the event that you select the county of your United States residence, 1-2 Special may transfer the arbitration to New York County, New York and we agree to pay any additional costs you incur as a result of the change in location as determined by the arbitrator.

CLASS ACTION WAIVER: ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND 1-2 SPECIAL SPECIFICALLY AGREE  TO PROCEED IN A CLASS ACTION, IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.  THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.

Applicable Law: The Terms, and the relationship between you and us, will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws.

Severability. If any clause within this Section (other than the CLASS ACTION WAIVER clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this Section will be given full force and effect. If the CLASS ACTION WAIVER clause is found to be illegal or unenforceable, the entire Section (except for the Jurisdiction and Applicable Law clauses) will be unenforceable, and the applicable claim will be decided by a court and you and 1-2 Special each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

9.              TERMINATION

These Terms automatically terminate when you fail to comply with any term or condition of them. We may terminate, change, suspend or discontinue any aspect of the Site at any time. We may restrict, suspend or terminate your access to the Site if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability.

Termination will not limit any of 1-2 Special’s other rights or remedies. This Section 9 (Termination), along with Sections 2 (Proprietary Rights), Section 5 (Third-Party Sites), Section 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Dispute Resolution), 10 (Severability), and 11 (Miscellaneous), along with any  other Section or clause which by its nature is intended to survive termination of the Terms, will survive.

10.           SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, but such determination will not affect the validity and enforceability of any remaining provisions.

11.           MISCELLANEOUS

These Terms constitute the entire agreement between you and 1-2 Special and govern your use of the Site, superseding any prior agreements between you and 1-2 Special with respect thereto. We do not represent that materials on the Site are appropriate or available for use outside of the United States of America. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any and all offers or promotions advertised on the Site are void where prohibited by law and are subject to the posting of any official rules and additional terms pertaining to such offers or promotions. You may not assign these Terms without the prior written consent of 1-2 Special, but 1-2 Special may assign or transfer these Terms, in whole or in part, without restriction. The section headings in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

12.           CONTACT INFORMATION

If you have any questions or concerns about these Terms or their implementation, please contact us at terms@12special.com.